The Supreme Court of India on Thursday stayed the University Grants Commission’s (UGC) recently notified 2026 regulations on caste-based discrimination in higher education institutions, noting that they were “vague and capable of misuse.” A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi issued notices to the Centre and the UGC, and scheduled the next hearing for March 19.
While staying the new regulations, the Court exercised its plenary powers under Article 142 of the Constitution to revive the UGC’s 2012 Regulations. This move ensures that victims of caste discrimination continue to have access to remedies while the matter is under review. “Unity of India must be reflected in educational institutions. Whatever we have gained towards a casteless society… Are we moving in a regressive direction?” CJI Surya Kant remarked, emphasizing the need for inclusive policies. The Court also strongly disapproved of separate hostels for SC and ST students, stating, “Don’t do that,” and suggested forming a committee of experts to examine the broader implications.
The new UGC Regulations, formally titled “University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026,” were notified on January 13, 2026, and were applicable to all higher education institutions across India. The regulations required universities to establish Equal Opportunity Centers and Equity Committees to implement policies for disadvantaged groups. They defined caste-based discrimination primarily in terms of SC, ST, and OBC students, prompting concerns that other communities were excluded. The regulations aimed to eradicate discrimination based on religion, race, gender, place of birth, caste, or disability, particularly for socially and educationally disadvantaged groups.
Petitioners, represented by advocate Vishnu Shankar Jain, argued that the regulations in their current form treated General Category students as potential offenders and denied grievance redressal and institutional protection to non-SC/ST/OBC individuals. They urged the Court to adopt a caste-neutral, constitutionally compliant definition of caste discrimination to ensure protection for all victims, regardless of caste identity.
The Supreme Court’s intervention highlights the challenge of protecting vulnerable communities while maintaining fairness across all social groups in educational institutions. By reviving the 2012 regulations, the Court ensures continuity in protection against caste discrimination while allowing time to re-evaluate and potentially revise the 2026 rules. The decision is expected to prompt universities to review their equity and grievance redressal mechanisms, ensuring a fairer environment for students across all categories.
Key highlights of the order include the stay on UGC 2026 regulations, revival of the 2012 rules, disapproval of separate hostels for SC and ST students, and the proposal to form an expert committee to examine the issues. The petitioners’ demand for a caste-neutral definition of discrimination underscores the ongoing effort to balance affirmative action with constitutional fairness in India’s higher education system.